BOARD DATE:	  20 August 2014

		DOCKET NUMBER:  AR20130022122 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show all of his awards.  In particular he lists:

* 50th Anniversary World War II Commemorative Medal
* Army Commendation Medal
* World War II Victory Medal
* Good Conduct Medal
* American Campaign Medal
* Armed Forces Expeditionary Medal
* American Defense Service Medal
* Combat Action Medal
* Combat Medical Badge
* Purple Heart
* Silver Star
* Special Congressional Commendation
* Meritorious Unit Emblem
* Army Service Ribbon
* Overseas Service Ribbon
* Bronze Star
* Presidential Unit Emblem
* Joint Meritorious Unit Emblem
* Valorous Unit Emblem
* Army Superior Unit Emblem
* Sinai Service Medal
* Certificate from French honoring World War II veterans who fought in Europe

2.  The applicant states he was unaware that his medals could be annotated on his WD AGO Form 53-55.

3.  The applicant provides copies of:

* WD AGO Form 53-55
* Information sheets from the hospital admission cards created by the Office of the Surgeon General, Department of the Army for 1945
* Certified Copy of Record of Birth dated 7 January 1992
* Certificate, Multinational Force and Observers, for the period 19 February 1984 to 31 March 1985
* Certificate, 5th Special Forces Group (Airborne) dated 9 September 1987
* Letter from the applicant to the U.S. Army Reserve Personnel Center (ARPERCEN) dated 26 October 1999
* Standard Form 180 (Request Pertaining to Military Records) dated         26 October 1999
* Letter from the applicant to ARPERCEN, dated 3 December 1999
* Standard Form 180 (Request Pertaining to Military Records) dated           3 December 1999
* Letter from the applicant to his U.S. Senator, dated 16 December 1999
* Certificate from the Republic of France, dated 7 May 2000
* Letter from City of Fredericksburg, VA, dated 30 May 2000
* Letter from applicant to the National Personnel Records Center (NPRC), dated 13 January 2000
* Letter from applicant to the NPRC, dated 22 February 2000
* National Archives (NA) Form 13105 (NPRC Search Request and Reply) dated 22 February 2000
* DA Form 1577 (Authorization for Issuance of Awards) dated 22 February 2000
* DA Form 1577 (Authorization for Issuance of Awards) dated 17 April 2000 (two pages)
* DA Form 1577 (Authorization for Issuance of Awards) dated 22 August 2000
* Letter from applicant’s Congressman, dated 17 April 2000
* Information Request 2000-060-034, dated 17 April 2000
* Letter from applicant to U.S. Senator, dated 26 March 2001
* Letter from U.S. Senator to the NPRC, dated 19 April 2001
* Letter from the NPRC to applicant’s U.S. Senator, dated 1 May 2001
* Information Request 2001-110-2088, dated 1 May 2001
* Letter from Congressional Inquiry Division, 1600 Army Pentagon, to the applicant’s U.S. Senator, dated 12 October 2001
* Letter from the applicant to his U.S. Senator, dated 25 November 2001
* Letter from the applicant to his U.S. Senator, dated 16 December 2001
* Letter from the applicant o his U.S. Senator, dated 29 January 2002
* Letter from the applicant’s U.S. Senator to the NPRC, dated 31 January 2002
* Information Request 2002-038-0025, dated 15 February 2002
* Letter from the NPRC to the applicant’s Senator, dated 18 February 2002
* Letter from the NPRC to the applicant dated in June 2002
* Letter from the applicant to his Congressman, dated 6 February 2004
* Privacy Act Authorization Form, undated
* Letter from Congressman to the NPRC, dated 24 February 2004
* Letter from the NPRC to the applicant’s Congressman, dated 3 May 2004
* Letter from the NPRC to the applicant, dated 26 April 2013
* Letter from the NPRC to the Army Review Boards Agency, dated 
12 February 2014

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional request or statement and does not provide any additional documents.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.



2.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, his WD AGO Form 53-55 contains sufficient service data for the Board to conduct a fair and impartial review of this case.

3.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices.  Commemorative medals, special congressional commendations, and certificates from foreign governments are not listed as official.  As a result, they may not be shown on a discharge document.  Accordingly, the applicant's issues concerning the 50th Anniversary World War II Commemorative Medal, Special Congressional Commendation, and the Certificate from the French government honoring World War II veterans will not be further discussed in these proceedings.

4.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.

	a.  The applicant has requested award of the following personal decorations:

* Silver Star
* Army Commendation Medal

	b.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

	c.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.


5.  Information from the hospital admission cards created by the Office of The Surgeon General, Department of the Army for 1945, shows that the applicant was hospitalized on 14 September 1944.  He was diagnosed with psychoneurosis, anxiety.  The causative agent was not a traumatism.  He was returned to the United States on or about 5 November 1944 and remained hospitalized until his discharge on 1 May 1945.

6.  The applicant's WD AGO Form 53-55 shows the following service data:

	a.  He was inducted into the Army on 16 March 1943 and entered active duty on 23 March 1943.

	b.  He served in the Continental United States from 23 March 1943 to 26 June 1944 (1 year, 3 months, and 4 days).

	c.  He qualified as a Marksman with the rifle on 3 July 1943.

	d.  He served in the European Theater of Operations (ETO) from 3 July to 
5 November 1944 (4 months and 20 days).

	e.  His military occupational specialty was 861 (Surgical Technician).

	f.  He was assigned for duty with the Medical Detachment, 160th Engineer Combat Battalion.

	g.  He was awarded the European-African-Middle Eastern Campaign Medal with one bronze service star for participation in the Northern France campaign.

	h.  He was not wounded in action.

	i.  He received a Certificate of Disability for Discharge from the Convalescent Hospital, Camp Edwards, MA on 30 April 1945.

	j.  He was honorably discharged from the Army on 1 May 1945 in the rank of private first class.

7.  Three DA Forms 1577, dated in April and August 2000, sent by the NPRC to the applicant indicate the following medals and badges were ordered for him:

* Bronze Star Medal
* Good Conduct Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
* Combat Medical Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Honorable Service Lapel Button, World War II

8.  Army Regulation 600-8-22 (Military Awards):

	a.  The American Defense Service Medal was awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

	b.  The American Campaign Medal was awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

	c.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during World War II.

	d.  The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.  The Combat Medical Badge is authorized for award for qualifying service during World War II (7 December 1941 to 3 September 1945).

	e.  The World War II Victory Medal was awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.
	f.  An individual unit award emblem is authorized for wear on the uniform for the following:

* Presidential Unit Citation
* Joint Meritorious Unit Award
* Valorous Unit Award
* Meritorious Unit Commendation
* Army Superior Unit Award

	g.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	h.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.

	i.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.

	j.  The Purple Heart is awarded in the name of the President of the United States to any member of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

	k.  The Honorable Service Lapel Button (World War II Victory Medal)  eligibility requirements are honorable Federal military service between 
8 September 1939 and 31 December 1946.

9.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was recommended for or received an Army Good Conduct Medal or clasp would be noted under “remarks” of the discharge certificate.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show all of his awards.

2.  DA Forms 1577 dated in 2000 show several awards were ordered for the applicant.  Unfortunately, his service records are no longer available making it impossible to accurately determine whether he qualified for each decoration or ribbon.  The available evidence of record is insufficient to support a favorable determination pertaining to these awards.  Therefore, the applicant's request for these awards should be denied:

* Bronze Star Medal due to no general orders
* Good Conduct Medal due to no record of qualifying conduct and efficiency or commander recommendation
* Combat Medical Badge due to no record of assignment with an infantry unit

3.  The applicant served during a qualifying period for award of the following medals and lapel button.  Therefore, they should be shown on his WD AGO Form 53-55.

* World War II Victory Medal
* American Campaign Medal
* Honorable Service Label Button (World War II Victory Medal)

4.  The applicant did not serve during a qualifying period for award of the following medals and ribbons.  Therefore, they should not be shown on his WD AGO Form 53-55.

* American Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon

5.  There are no available general orders or other documentary evidence showing that the applicant was wounded as a result of enemy action.  Therefore, his request for the Purple Heart should be denied.

6.  The applicant has requested award of the "Combat Action Medal."  A review of the governing regulations failed to identify any award that fits this category and for which he may have qualified to receive.  Accordingly, this portion of his request should be denied.
7.  The applicant has requested to receive a number of unit citations and unit emblems.  Unfortunately, there is no evidence showing that his unit, the Medical Detachment, 160th Engineer Combat Battalion, received any unit awards during the 4 months he served overseas with the organization.  Therefore, this portion of his request should be denied.

8.  The applicant has requested the Sinai Service Medal that he was awarded through the Multinational Force and Observers be added to his WD AGO Form 53-55.  However, he has not provided any information about this award or otherwise shown how this award relates to his service during World War II and would qualify for entry on his WD AGO Form 53-55.  Therefore, this portion of his request should be denied.

9.  While the available evidence is insufficient for awarding the applicant the Silver Star or the Army Commendation Medal, this in no way affects his right to pursue his claim for these two medals by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, in addition to the awards already shown on his WD AGO Form 53-55, that his awards include:

* American Campaign Medal
* World War II Victory Medal
* Honorable Service Lapel Button (World War II Victory Medal)



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to all of his other issues.




      _______ _x   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130022122



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ABCMR Record of Proceedings (cont)                                         AR20130022122



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